GYAN SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioners of these Rules are in occupation of respective flats claimed by them in the different Rental Housing Estates in West Bengal. By filing these writ Petitions, they have challenged the validity of the provisions of the West Bengal Government Premises (Regulation of Occupancy) Act, 1984 (West Bengal Act 21 of 1984) (hereinafter called the Government Premises Act, 1984 ). We have analogously heard as preliminary issue the said question of Constitutional validity of the West Bengal Government Premises (Regulation of Occupancy) Act, 1984.

(2.) THE West Bengal Government: Premises (Regulation of occupancy) Act, 1984 (West Bengal Act 21 of 1 984) has come into force from 1st of August, 1984 and it extends to the whole of West Bengal. Assent of the President to the said Act was first published in the Calcutta Gazette, Extraordinary Issue 90 C. W. N. Gyan Singh v. State of West Bengal 231 of 3rd July, 1984. Premises belonging to or taken on lease or 1icence or requisitioned by or on behalf of the State Government' have been designated in section 2 (n) of the said Act as 'state Premises'. State Premises have been classified into two categories (i) Public Premises and (ii) Government Premises. 'public Premises' under section 2 (k) of the Act means those premises in respect of which a declaration has been made under section 3 of the Act and also include State Premises mentioned in Schedule II of the Act. The provisions of the west Bengal Government Premises Act 1984 do not apply to public premises. 'government Premises under section 2 (d) of the West bengal Act 21 of 1984 means State Premises which are not Public premises. West Bengal Government Premises Act, 1984 purports to provide for regulation of occupancy of. Government Premises which are meant for the employees of the State Government, to prevent unlawful occupation of such premises and to ensure use of such premises by the persons for whom and for the purposes for which they are intended. West Bengal Land (Eviction of Unauthorised Occupants) Act, 1962 and the West Bengal Government Premises (Tenancy Regulation) Act, 1976 no longer apply to 'government Premises' as defined in section 2 (d) of the government Premises Act, 1984.

(3.) AFTER the commencement of the Government Premises Act, 1984, no person shall occupy or remain in occupation of any government Premises unless he is granted licence under section 7 of the said Act or he is deemed under section 9 of the Act to be a licensee. Only persons who are in employment and hold any specified post under the State Government are eligible to be licensees of government premises (vide section 8 of the act. Persons who on the appointed day were lawfully in occupation and fulfilled the conditions of section 8 of the Act were to be deemed as licensees. The terms and conditions 'of such licensees have been described in Schedule -I of the Government premises Act, 1984. The Prescribed Authority may determine additional terms and conditions not inconsistent with Schedule -I of the Act.